APPENDIX 2 TENANCY AGREEMENT AMENDMENTS Section 1.2 2.2 Previous terms New proposed terms Implication of new condition Review To ask for a review you should write to: Nottingham City Homes Ltd Central Rents Team 14 Hounds Gate Nottingham NG1 7BA Right to succession – death of the tenant Secure tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. The surviving tenant will be the successor and there will be no further right to succeed as succession can happen only once. If you are a sole tenant who has not succeeded to the tenancy, then your tenancy can be passed on to your spouse or civil partner as long as they are living with you when you die. If there is no spouse or civil partner then certain members of your family may succeed to the tenancy if you die, providing they have been living with you Review To ask for a review you should write to: Nottingham City Homes Ltd N/A Right to succession – death of the tenant Introductory and Secure tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. This is called ‘by right of survivorship.’ The surviving tenant will be the successor and there will be no further right to succeed as succession can happen only once. If you are a sole tenant who has not succeeded to the tenancy, then your tenancy can be passed on to your spouse, partner or civil partner, or other qualified member as defined by the Housing Act 1985; This means they will take over your tenancy.
For secure tenancies starting after April 2012 – only the spouse or partner can succeed the tenancy in law. Nottingham City Homes may grant a discretionary succession to qualifying family Current terms reduced by combining terms for introductory and secure tenants (pre April 2012) as these are the same. New terms introduced for secure tenants starting after April 2012. This is in line with the Localism Act 2011, Nottingham City Council Tenancy Strategy and Nottingham City Homes Tenancy policy. Deleted 12 month line in existing agreement as this is not in line with legislation. APPENDIX 2 Section Previous terms New proposed terms for at least 12 months at your death. Introductory tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. The surviving tenant will be the successor and there will be no further right to succeed as succession can happen only once. If you are the sole tenant who has not succeeded to the tenancy, then your tenancy can be passed on to your spouse or civil partner as long as they are living with you when you die. If there is no spouse or civil partner then certain members of your family may succeed to the tenancy, provided they have been living with you for at least 12 months at your death. Demoted tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. The surviving tenant will be a successor and there will be no further right to succeed as succession can happen only once. members. This is the grant of a new tenancy, not a continuation of the old tenancy. This may be a grant of a new tenancy of the current property or a more suitable property. Demoted tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. This is called ‘by right of survivorship.’ The surviving tenant will be a successor and there will be no further right to succeed as succession can happen only once. If you are a sole tenant who has not succeeded to the tenancy then the tenancy can be passed to your spouse, civil partner or partner, If you do not have a spouse or a civil partner, then the tenancy can be passed on to a member of your family provided they have been living with you for at least 12 months at your death. Provided there are no steps taken to end the tenancy then it will become a secure tenancy at the end of the demotion period. Nottingham City Homes Tenancy Policy provides more detailed information on succession and your rights. Implication of new condition APPENDIX 2 Section 2.4 Previous terms New proposed terms Implication of new condition If you are a sole tenant who has not succeeded to the tenancy then the tenancy can be passed to your spouse, civil partner or partner, provided they have been living with you for at least 12 months at your death. If you do not have a spouse or a civil partner, then the tenancy can be passed on to a member of your family provided they have been living with you for at least 12 months at your death. Provided there are no steps taken to end the tenancy then it will become a secure tenancy at the end of the demotion period. Sub‐letting and lodgers (secure tenants only) You may, having obtained written permission, sub‐let part of the property if this does not cause your home to become overcrowded. You may sub‐let part of the property, but you must not sub‐let the whole property as this invalidates your secure tenancy. You may take in lodgers but we ask you to obtain written permission. If you take in a lodger or sub‐let part of the property this may affect any housing Sub‐letting and lodgers Sub‐letting You have the right to sub‐let if you are a secure tenant, but you must get our written permission to do this. Sub‐letting means that someone pays you rent to have exclusive right to part of your home. You must not sub‐let the whole of your property, as this invalidates your secure tenancy. Lodgers You have the right to take in lodgers but you must get our written permission before you do this. A lodger is someone who lives in your home but does not have exclusive right to any part of it. If you take a lodger or sub‐let part of the property APPENDIX 2 Section Previous terms New proposed terms benefit you are entitled to. Please make sure you ask for permission and let the housing office have a passport‐sized photograph of the lodger(s) and sub‐
lettees over 16 years of age, for our tenancy files. this may affect any housing benefit you are entitled to. In both cases, please make sure you ask for written permission first and provide your local housing office with a photograph of the lodger(s) and sub‐lettees for our tenancy files. Tenancy Fraud You must not grant a sub‐tenancy or part with possession of the whole of the property. Your right to this tenancy and the below market rent payable by you is dependent on this. Each and every time you pay rent you represent to us that you have complied with this clause. You must not carry out or commit any fraud related to your occupation of the property. Examples of tenancy fraud include, but are not limited to: • Unlawfully sub‐letting the property whether for profit or not • Abandoning the property • Not telling us the truth about your circumstances which induced us to grant you the tenancy • Housing benefit and council tax fraud Buying your home You have the right to buy your home, subject to certain restrictions. You have this right after 5 years. Certain properties, such as Independent New section 2.7 Buying your home You have the right to buy your home, subject to certain restrictions. If your tenancy started before Implication of new condition Seeks to define what is considered to be tenancy fraud. Sentence omitted to reflect latest changes to RTB legislation. APPENDIX 2 Section 3.1 Previous terms New proposed terms 18th January 2005 you will qualify after two years; but if your tenancy started after that date you have the right to buy your home after five years. Certain properties, such as sheltered housing, are excluded from the right to buy. Paying your rent Each week you must pay all the rent and charges due on your home. Payment is due on Monday of each week. Rent payments can be made either monthly or four‐weekly, by prior arrangement. Also, you must pay off any rent and charges relating to any former tenancies held with us. This should be done by keeping to any repayment agreements you have made or any court orders that exist. Living Schemes, are excluded from the right to buy. Paying your rent Each week you must pay all the rent and charges due on your home. Payment is due on Monday of each week. Rent payments can be made either monthly or four‐weekly, by prior arrangement. All payments other than weekly payments should be paid in advance. Direct Debit is Nottingham City Homes preferred method of payment. As a condition of this tenancy you must also pay the following sum(s): • Former tenant arrears £….in respect of your tenancy at ……………………………………………………………… • Repairs recharges £….in respect of your tenancy at …………………………………………………………….. • By instalments of £….per week/month beginning on …………. Implication of new condition APPENDIX 2 Section Previous terms New proposed terms Implication of new condition This/these amounts are to be paid in addition to the weekly rent. If you do not pay this amount we may: • Go to Court and ask for possession as a result of a breach of this term of your tenancy agreement; • Seek a money judgement; or • Have an existing money judgement enforced. We will charge you the cost of taking you to court. 3.4 Repairs [recharges previously covered here] Second paragraph: You are responsible for carrying out certain repairs to your home. A list is provided in the Reporting your Repairs booklet. If we need to change this list we will write to you. You must carry out repairs to your home if damage is caused to it by you, a member of your family, someone else living with you, or any visitors to your home. This includes damage resulting from alterations or improvements you have made. If you do not carry out this work we may do the work and recharge you for the reasonable costs incurred. Clarifies position about payment of other New section miscellaneous charges, which was not covered Miscellaneous recharges Condition x: You must pay the cost of any items or in the previous document. works which are not our responsibility and for general damage to and misuse of the property, such as broken glass due to damage caused by you, a member of your household, or visitors to your household, replacement of key fobs, reinstatement of unauthorised alterations etc APPENDIX 2 Section 3.6 3.8 Previous terms New proposed terms Smoking in your home “Smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance. In order to ensure the health and safety of our staff or agents, including Nottingham City Homes, it is your duty to make sure that your home is smoke‐free when our employees, staff from Nottingham City Homes, or contractors, attend your home by appointment. Smoking in your home “Smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance. For your safety, always ensure that any smoking materials are fully extinguished before leaving a room. In order to ensure the health and safety of our staff or agents, including Nottingham City Homes, it is your duty to make sure that your home is smoke‐free when our employees, staff from Nottingham City Homes, or contractors, attend your home by appointment. You must also refrain from smoking in enclosed communal areas e.g. enclosed corridors, stairwells, lifts and enclosed entrance areas. Gardens, hedges, fences and gates, garages and outbuildings You are responsible for making sure that your gardens, yards, hedges, fences and gates, garages and other outbuildings at your home are maintained, tidy and free of refuse at all times: 1) Hedges should be clipped and kept at a maximum height of 1.8 metres (6 feet) at the back of the premises and 1.4 metres (4 feet 6 inches) at the front of the premises. Where the hedge(s) form a boundary with an alleyway, you will be responsible Implication of new condition APPENDIX 2 Section 3.10 Previous terms New proposed terms Implication of new condition for keeping the hedge trimmed to allow access. 2) You must use the bin(s) provided to dispose of household, garden and recycling waste. You must make proper arrangements for the disposal of other items including unwanted furniture, and for special medical waste such as needles, syringes and sanitary items. 3) You must not park a vehicle or movable object such as a caravan in your garden or yard, or on grass verges or open‐plan areas within the neighbourhood, unless there is a proper parking space, driveway and footpath crossing. 4) You must not park or keep any unsafe vehicle or unsafe moveable object at your home or in the open air in the neighbourhood. Conduct in your home You or anyone residing or visiting your home must not: 1) take electricity from the mains illegally 2) tamper with or damage gas or electricity supplies, meters, smoke detectors or any other equipment provided by the landlord, its agent Conduct in your home 1) Clarifies position on what constitutes illegal You or anyone residing or visiting your home electricity consumption. 2) Term extended to include additional must not: buildings where these items cannot be stored 1) take electricity from the mains illegally. This includes using communal electricity, bypassing 5) Clarifies the position on mobility scooters, which cannot be kept in corridors or a meter, or using electricity from a supply that communal does not belong to the property. 2) Tamper with or damage gas or electricity supplies, meters, smoke detectors or any APPENDIX 2 Section 3.12 Previous terms or contractors 3) store or use dangerous, flammable or explosive liquids, gases or tools in your home, or in any communal areas 4) store motorcycles or mini‐
motorcycles in your home or in any communal areas, save for mobility scooters, provided they do not cause obstruction or nuisance to others 5) run a business or trade from your home unless you have written permission from us. We will not withhold permission unreasonably, but will do so if we feel that the business is likely to cause nuisance to other people, or damage to your home. If we give permission, we can later withdraw this permission on reasonable notice. If we do so we will explain our reasons in writing 6) use your home or neighbourhood for any activity that is unlawful 7) allow your home to become overcrowded by allowing others to come to live there. Anti‐social behaviour, nuisance, harassment, racial harassment and domestic violence 1) As tenant you will be held New proposed terms 3)
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Implication of new condition other equipment provided by the landlord, its agent or contractors Store or use dangerous, flammable or explosive liquids, gases or tools in your home, in any communal areas, gardens, sheds, garages and outbuildings. Store motorcycles , mini‐motorcycles in your home or in any communal areas, Store or charge mobility scooters in any communal areas. Mobility scooters can be stored in your home as long as they do not block access/egress routes. run a business or trade from your home unless you have written permission from us. We will not withhold permission unreasonably, but will do so if we feel that the business is likely to cause nuisance to other people, or damage to your home. If we give permission, we can later withdraw this permission on reasonable notice. If we do so we will explain our reasons in writing use your home or neighbourhood for any activity that is unlawful allow your home to become overcrowded by allowing others to come to live there. Anti‐social behaviour, nuisance, harassment, racial harassment and domestic violence 1) As a tenant you will be held responsible APPENDIX 2 Section Previous terms New proposed terms responsible for any unacceptable behaviour carried out by your family, any other people living at your home, your acquaintances, friends or visitors to your home in addition to your own actions. You will also be held responsible if you incite instruct allow or encourage anyone to act for you. This will apply whatever their age. for any form of unacceptable behaviour carried out by you, your family, and any other people living at your home, your acquaintances, friends or visitors to your home in addition to your own actions. You will also be held responsible if you incite instruct allow or encourage anyone to act for you. This will apply whatever their age.
2) You must ensure that you, your family, any other people living at your home, your 2) You must ensure that you, your acquaintances, friends or visitors to your family, any other people living at home do not: your home, your acquaintances, a) cause, or behave in such a way as to friends or visitors to your home be likely to cause, a nuisance, do not: annoyance, or disturbance or commit a) cause, or behave in such a any act of harassment against anyone in way as to be likely to cause, a Nottingham, including people in the nuisance or annoyance to locality and other tenants or residents, anyone in Nottingham, either directly or indirectly, to include but including people in the not limited to letter, telephone, text locality and other tenants or message, email and social media. residents b) Harass, cause nuisance, annoyance or b) harass or commit any criminal offence towards any person (or their property) in Nottingham, or in the locality, wholly or partly on the grounds of colour, race, ethnic origin, sex, sexuality, disability or health, age, religious beliefs or culture, disturbance to any person , group of people or cause damage to property in Nottingham, or in the locality, wholly or partly on the grounds of colour, race, ethnic origin, sex, sexuality, disability, health, age, religion beliefs or culture, immigration status, marital status, gender assignment or any other reason. Implication of new condition APPENDIX 2 Section Previous terms immigration status, or any other reason c) be violent towards anyone else including, but not limited to, your partner or former partner(s), other members of your family, or the people related to your partner or former partner(s) d) make threats or be violent towards any Nottingham City Council employee, any employee of Nottingham City Homes, any contractor or anyone working on our behalf, any consultant or City Councillor. This includes when you telephone or visit any Council office or office of Nottingham City Homes, if you are visited at your home, or in any other situation e) use your home or neighbourhood for any activity which is unlawful including, but not limited to drug‐dealing, consuming illegal drugs, storing stolen goods or contraband, benefit fraud, obtaining goods fraudulently, for sexual offences, or for the storage or New proposed terms Furthermore you must not exploit vulnerable individuals or groups for personal gain. This clause applies irrespective of whether there is a prosecution and or conviction criminal offence. c) be violent or abusive (including physical, emotional financial abuse and coercion) towards anyone else including, but not limited to, your partner or former partner(s), other members of your family, or the people related to your partner or former partner(s). d) Make threats, harass, be violent or abusive towards any Nottingham City Council employee, any employee of Nottingham City Homes, any contractor or anyone working on our behalf, any consultant or City Councillor either directly or indirectly. This includes when you telephone or visit any Council office or office of Nottingham City Homes, if you are visited at your home, or in any other situation e) Use your home or neighbourhood for any activity which is unlawful including, but not limited to drug dealing, drug production, consuming Implication of new condition APPENDIX 2 Section Previous terms keeping of illegal guns or other weapons 3.13 Drugs – new section 3.14 Pets You must: a. make proper arrangements to dispose of animal waste and not allow it to build up at your home You must not: a. allow your pet(s) to cause a nuisance or annoyance to other people, including your neighbours b. allow pet dogs to roam the neighbourhood or to foul footpaths around the neighbourhood or the public New proposed terms Implication of new condition illegal drugs, storing stolen goods or contraband, benefit fraud, obtaining goods fraudulently, for sexual offences, or for the storage or keeping of illegal guns or other weapons. This clause applies irrespective of whether there is a prosecution and or conviction of criminal offence. f) New condition xxx: cause any damage to our property or write graffiti on our property. You will be charged the cost of repair or replacement. This clause applies irrespective of whether there is a prosecution and or conviction of a criminal offence. Pets These conditions apply to tenants living in houses, flats or maisonettes. 1) You have the right to keep pets(s), or animals which we consider suitable, as long as they do not cause damage to the property, or nuisance or annoyance to anyone in your neighbourhood 2) You must get our written permission if you want to keep pet(s). You need to inform us with the details of the pet(s) (and working dogs i.e. guide or hearing dogs) APPENDIX 2 Section Previous terms New proposed terms open spaces before they are bought into the household. c. allow any aggressive animal such as a 3) Pets we consider suitable are: dog to harm or attack anyone living in or • domestic cats visiting your home or neighbourhood • dogs • small birds • fish • non‐poisonous insects • non‐poisonous spiders • non‐poisonous snakes • lizards • rabbits • hamsters • guinea pigs • mice • gerbils • domestic rats 4) Pets must be kept in appropriate enclosures which are adequate for their needs 5) You must make proper arrangements to dispose of animal waste and not allow it to build up at your home or in your garden. 6) You are not allowed to keep: • large reptiles • farm animals (such as pigs, chickens, cockerels, geese, horses) Implication of new condition APPENDIX 2 Section Previous terms New proposed terms • pigeons • endangered animals 7) You must not allow any aggressive animal in your care to harm or attack anyone living in or visiting your home or neighbourhood 8) You must not encourage wild animals or birds, including pigeons, by feeding them. They may cause a nuisance to people living in the locality and damage your property 9) You must not breed any birds, dogs or any other animal at your property Dogs 1) You must get written permission if you wish to keep dog(s). 2) You can only keep a maximum of two dogs if you live in a house with your own private garden 3) You can only keep a maximum of one dog if you live in a flat, maisonette or house without direct access to a private garden. 4) All dog owners have a legal responsibility under the Dangerous Dog act 1991 for the behaviour of their dog(s) and must ensure they are not a danger to people. 5) Dogs should not be left for long periods on their own as they may become distressed Implication of new condition APPENDIX 2 Section Previous terms New proposed terms and bark and cause a nuisance to your neighbours. 6) Dog faeces on grassed areas or other land owned must be disposed of, using the dog bins or by some other hygienic method. 7) Pet dogs must not roam the neighbourhood 8) You must always keep your dog on a lead in communal areas and on our land 9) The control of dogs order 1992 states that any dog in a public place must wear a collar with the name and address (including post code) of the owner. We recommend that your dog is micro chipped in line with legislation which will come in force in April 2016. Dangerous Dogs In accordance with the Dangerous Dogs Act 1991, it is illegal to own, sell, breed, give away or exchange dogs of the following type: • A pit bull terrier • A Japanese tosa • A dogo argentino • A filo braziliero • Any other type of dog that appears to have been bred for fighting or has characteristics of such type Implication of new condition APPENDIX 2 Section Previous terms New proposed terms Implication of new condition Nottingham City Homes Pets Policy and Tenant Handbook contain further information on pets and your responsibilities. 3.15 Extra conditions if you live in a flat or maisonette 1) As the tenant of a flat or maisonette you must: a) use the rubbish chutes, or refuse bins provided for normal household refuse only. Do not try to force large items down the rubbish chutes or leave them in communal areas or outside your block b) make proper arrangements to dispose of special medical waste such as needles, syringes or sanitary items. 1) As the tenant of a flat or maisonette you must: a) Use the rubbish chute, or refuse bins Removed condition D of old tenancy provided for normal household refuse agreement and replaced with a new condition only. Do not force large items down the that a maximum of one dog can be kept. rubbish chutes or leave them in the communal areas or outside the block. b) Make proper arrangements to dispose of Added extra conditions of what is acceptable and unacceptable in relation to keeping dogs in special medical waste such as needles, flats. Extra conditions if you live in a flat or maisonette syringes or sanitary items. Do not throw any dangerous items down a rubbish chute or into refuse bins. c) Provide adequate floor covering. 1) You must not Laminate floor covering is not considered to be adequate floor a) cause nuisance or annoyance to covering in a flat. Nottingham City your neighbours by acting Homes strongly advises that you fit unreasonably or noisily. carpets, or do not remove existing b) leave things in communal areas to your block, or place things on your carpets and replace them with tiling, balcony if you have one (where they hardwood or laminate type flooring. might cause a danger or nuisance to Dogs others) You can only keep a maximum of one dog if c) park vehicles where they will APPENDIX 2 Section 4.8 Previous terms New proposed terms prevent access for emergency vehicles d) keep dogs or cats or other pets, other than those in small cages or tanks at your home. You are allowed to keep assistance dogs for either yourself or members of your household such as, but not limited to, dogs for the blind and dogs for deaf people e) fix an aerial or outdoor radio mast or satellite dish without permission from us. We will not unreasonably withhold permission f) throw anything out of the windows or from balconies. you live in a flat, maisonette or house without direct access to a private garden. You must not: What the council can do if you break clauses 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.13 Ending your tenancy We will remove and store any items left in the property, but not rubbish or damaged goods, after the termination Implication of new condition a) Cause nuisance, annoyance or disturbance to your neighbours by acting unreasonably noisy. b) Leave items in communal areas to your block, or place things on your balcony if you have one (where they might cause danger or nuisance to others) c) Park vehicles where they will prevent access for emergency services vehicles or obstruct hatched areas marked ‘keep clear’ communal areas or access to driveways. d) Allow your dog to faeces on your balcony or communal areas e) Chain or tether your dog on balconies or communal areas f) Throw anything out of the windows or from balconies of either your property or communal areas g) Smoke in enclosed communal areas e.g. enclosed corridors, stairwells, lifts and enclosed entrance areas. What the council can do if you break clauses 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.12 and 3.13 APPENDIX 2 Section 4.9 Previous terms New proposed terms Implication of new condition date, for a maximum of six months, unless a section 41 Notice in accordance with the provisions of the Local Government (Miscellaneous Provisions) Act has been served, in which case the items will be stored for a minimum of five weeks. We will notify you of this at your last known address. If the items are not collected we will dispose of them and you will be liable for our reasonable costs of disposal. The Data Protection Act 1998 On signing this tenancy agreement you agree to our storing details of your personal communication and access preferences, to provide a better service to you. This data will be kept only whilst you have a tenancy and for a maximum of six years thereafter. We will only share information for the following purposes, except as required by law. This will include: Utility companies – as there is a legitimate interest to make sure that the service charges are passed on to those responsible for collection Personal information and photographs Fair processing notice We collect and process personal information to allow us to allocate homes, manage and improve our services. This may involve sharing your personal data with other organisations that are contracted to carry out services on our behalf. This includes services to you such as repairs but also services to us such as fraud detection provided by credit reference agencies, Police and Fire Service and rental exchange. These organisations are obliged to keep your personal details secure. When we share information, we will draw up an agreement with the organisation that we need to share information with. This is so that both sides understand why the information is being passed on, and what it can be used for. We may pass on certain personal information to To take account of developments to assist in verification of new identities and assist in carrying out tenancy audits and controlling illegal subletting. APPENDIX 2 Section New Previous terms New proposed terms Rental payment – where you leave without paying rent, and no arrangements are in place to do so, we may pass on details to a tracing agency or debt collection company to seek recovery Repairs – whether emergency, urgent or repairs at our discretion, we may provide tenants’ contact details to the agents, contractors, or repairers Right to buy enquiries when we have to provide tenant contact details to valuers
Housing benefit – to assist in maximising your personal benefit income and the income of the Council. other organisations (such as local authorities, the courts, or the police) where this is requested or we have a legal requirement to do so such as during a criminal investigation, a court case or to report on benefit fraud. By signing this agreement you will agree that we can use the personal information you give us in accordance with the Data Protection Act 1998 for the purpose of preventing fraud. By signing the tenancy agreement you agree to us taking a photograph of you at the beginning of your tenancy and in the future whether at your home or at our offices. This is for the purpose of preventing fraud. We will keep a copy of your photograph with our records. Tenancy Audits Condition 1: by signing this agreement, you agree to provide us with up to date details of you and your households when requested, such as during a tenancy audit interview at your home. You will agree to our employees inspecting your home to comply with health and safety requirements. If you refuse to comply with this or any reasonable request, we may take legal action which could lead to eviction and you may also incur court costs. Making a complaint Update of the process for making a complaint now procedure has been revised and clarifying Nottingham City Homes is committed to providing the new role of the Housing Ombudsman. New section Implication of new condition APPENDIX 2 Section Previous terms New proposed terms Implication of new condition excellent customer service. Comments, compliments and complaints enable you to feed your thoughts and ideas for improvement and changes to make the organisation work better for you. Comments, compliments and complaints can be made by: • Telephone [insert number] • Email [insert email] • Letter [insert address] • Online [insert website link] • By visiting one of our offices Nottingham City Homes will offer you with a choice of how you want your complaint to be resolved. Option 1 – Fix and Resolve. This option focusses on putting the problem right. When you choose this option we will assume you want to get the problem fixed as soon as possible. This option is suitable for complaints that don’t require an investigation to understand the issue and where the solution is clear. For example, a missed appointment. Option 2 – Investigation complaint. This option is intended for more complicated or sensitive complaints where the solution isn’t immediately clear without further fact finding. This type of complaint requires time to be investigated APPENDIX 2 Section Previous terms New proposed terms thoroughly. You will be offered a meeting to help Nottingham City Homes understand the problem. If you remain dissatisfied with the resolution provided to your complaint, you will be provided with the option to discuss this with the Customer Resolution Team. You will also be advised of your right to refer your complaint to a Designated Person, or the Housing Ombudsman. From 1st April 2013 the Localism Act 2011 provides that the tenants of housing associations, local authorities and ALMOs will be able to ask for their complaints to be considered by a ‘designated’ person when all stages of their landlord’s internal complaints procedure are finished. A designated person can be an MP, local Councillor or a Tenant Panel. If you want more information on who they are and how you can contact them, please contact us directly on [enter number] or e mail us at [enter email] When the Housing Ombudsman receives a complaint that has gone through all stages of the landlord’s internal complaints procedure they will always ask if it has then been referred to a designated person and if a tenant is clear that they do not want to make use of that opportunity for local resolution (if it is more than 8 weeks from Implication of new condition APPENDIX 2 Section Previous terms New proposed terms Implication of new condition the end of the landlord’s complaints process) the Housing Ombudsman will consider the case. The Housing Ombudsman Service can be contacted at: Housing Ombudsman Service, 81 Aldwych, London, WC2B 4HN or Local Government Ombudsman Service, Beverley House, 17 Shipton Road, York YO30 5FZ Email: info@housing‐ombudsman.org.uk Additional areas to consider: 1. Assessing capacity – do we need to consider this in the Tenancy Agreement? To create a tenancy where the person lacks capacity to enter a tenancy, it needs to be entered into on behalf of the tenant by a financial deputy, attorney or through Court of Protection – there is some guidance around this – do we need to consider this in the agreement or simply ensure we have a robust process for assessing someone’s capacity? 2. Domestic relationship breakdown (not DV) – do we need to consider this? i.e. a provision on what happens if the domestic relationship between the tenant and others in the household breaks down? If so, do we need to look at Southwark LBC v O’Sullivan (2006)?